SLIP AND FALL PERSONAL INJURY ACCIDENTS
Personal injuries from slip and falls can result from a number of different situations. The most common reasons for falls are defective stairways and ramps, potholes in parking lots, sidewalk deviations, liquid or other foreign substances on floors, and the accumulations of snow and ice. Whether the cause of the fall involved negligence on behalf of the owner of the property depends on the legal concept of notice.
Under most states tort laws, the property owner must have had actual notice of the dangerous condition, or constructive knowledge. Constructive knowledge is when the property owner did not know of the dangerous condition, but should have known through the use of reasonable diligence.
The owner of the property can also be found liable if the owner or the owners managing agents actually caused the dangerous condition through their own negligence. This is considered first-party direct negligence.
Without proving the owner caused the dangerous condition or had actual or constructive notice of it, the plaintiff will be unable to prove that the property owner breached the duty of care owed to the general public and therefore cannot be legally responsible for plaintiffs damages.